The United States Patent and Trademark Office (USPTO) classifies trademarks into 45 distinct categories. Each class represents a different type of product, good, or service.
If you're starting a new business, you should register the intellectual properties associated with it as trademarks.
A trademark can be registered for any distinctive name, slogan, symbol, service, or product. Trademarks prevent others from legally imitating your brand. This, however, only applies to intellectual properties of the same class.
As a result, two businesses with the same name can coexist as long as their trademarks are not registered in the same class. When you register your trademark, you will be asked to specify which class it belongs to. If your company sells rubber or plastic products, you should consider filing under Class 17.
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Before you can register your trademark, you must first determine which class your good, product, or service falls into.
By registering for a Class 17 trademark, you are stating that your intellectual property relates to a product that is intended for businesses and professionals. Because these guidelines are intended to be broad, here are a few examples of the products covered by Class 17.
What is not covered under Class 17?
There are actually several reasons you might not want to file under Class 17. These reasons generally boil down into three issues:
Existing Trademarks
If a similar intellectual property is already registered under Class 17, you should consult with an attorney to determine whether you need to rebrand. Fortunately, you can conduct your own search of the USPTO database.
However, before filing for a trademark, it is very common to hire an attorney to conduct a thorough search. If you aren't certain whether your trademark will infringe on someone else's intellectual property, you should consult with a lawyer first.
Intellectual Property Relating to Services
Class 17 only covers products, not services.
If your business provides a service involving rubber or plastic goods, you should consider filing under a different class. For example, if your company converts or treats rubber, you would file under Class 40. (Treatment of Materials). Similarly, if your business frequently deals with custom-made products for chemists or engineers, you should consider registering under Class 42 (Science and Technology Services).
Products in Other Categories Because the guidelines are so broad, determining whether your product falls under Class 17 or another category can be difficult. As a result, the USPTO notes a few "coordinated classes" that Class 17 applicants should also consider filing under. Class 1 (Chemicals), Class 2 (Paints), Class 6 (Common Metals), Class 12 (Vehicle Tires), and Class 19 are some of the coordinated classes (Building Materials). Read Trademark class 19